Lawyers spar with prosecutor on Oswego child neglect case

Gloria Wright / The Post-Standard, 2009The exterior of the home at 208 Furniss Station Road, town of Oswego.The residents, Richard Graham, 28, and his wife, Katherine Graham, 25, are accused of hurting their 14-month-old twins.

Oswego, NY -- Lawyers for both Richard and Katherine Graham argued Tuesday in Oswego County Court that the assistant district attorney’s case doesn’t match the charges against the Grahams.

View full sizeGloria Wright / The Post-Standard, 2009Richard Graham is escorted into Oswego Town Court by Oswego County sheriff's deputies Aug. 17.The Grahams, of 208 Furniss Station Road, town of Oswego, are charged with two felony counts each of assault and reckless endangerment and two misdemeanor counts each of assault and endangering the welfare of a child. They are accused of failing to supply adequate food to their then 14-month-old twins.

Assistant District Attorney Matthew Bell is using a case of parents named Dickerson who starved, beat and abused their child as a basis to prove the case against the Grahams.

And at times, even Hafner was confused by what Bell was trying to say in court.

“The Dickerson case is about a 5-year-old who was 15 pounds, was kept in a filthy crib and was never allowed to leave that crib,” Hafner said to Bell. “The child had scars and bruises on her body. The parents restricted her food to scraps. They swung her around in a plastic bag until she came out of the bag and hit a dresser.”

View full sizeGloria Wright / The Post-Standard, 2009Katherine Graham is escorted by sheriff's deputies into Oswego Town Court Aug. 17.He said the parents in the Dickerson case also borrowed a neighbor’s child when police came to investigate complaints of child abuse in their house.

Hafner said the Dickerson case showed the parents conduct “as a whole showed a prolonged case of heinous conduct.”

“I don’t see the similarities here,” Hafner said to Bell. Kirwan and Radick also said the Dickerson case doesn't reflect conduct stated in the Graham indictment, which is the Grahams did not provide proper nutrition to their twins.

Bell said the child in the Dickerson case died. “Here (with the Graham twins) we have a grave risk of death. They could have died – it was that close,” Bell said.

Hafner still said he didn't think the Dickerson case and Graham case were at all alike. He said it seems Bell is basing his case on that "one little aspect" that the Dickerson child died and the Graham children could have died.

The Grahams will be back in court April 6 for more pre-trial hearings.